UNC Libraries policy on E-Reserves is designed to maximize an instructor's privilege under 'fair use' while respecting the rights of copyright holders.
The University of North Carolina at Chapel Hill Libraries' policy for course reserve services is derived from the fair use provisions of United States Copyright Act of 1976. Section 107 of the Copyright Act expressly permits the making of multiple copies for classroom use. Such educational copying is one of six examples of uses which do not require the payment of a royalty or the permission of the copyright owners provided that the circumstances of the use are fair as assessed by the four factors in section 107 of the Copyright Act, the text of which is as follows:
107. Limitations on exclusive rights: Fair Use
Notwithstanding the provisions of sections 106 [Exclusive rights in copyrighted works] and 106A [Rights of certain authors to attribution and integrity], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
The collections of the University of North Carolina Library are purchased by the University for the nonprofit, educational use of students and faculty. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. Libraries frequently pay a premium institutional subscription price for journals, which is many times the individual subscription price, for the privilege of supporting multiple academic users. The sole purpose of the course reserve system will be to facilitate access to a copy needed for instructional use by students.
Many questions regarding copyright relating to electronic reserves may be answered in the Copyright FAQ. Any additional questions may be directed to the e-reserves department at (919) 962-1355.
The Library strongly supports the University's guidelines on copyright law.